SCIENTIFIC DISPUTES REGARDING THE STRUCTURE OF FORENSIC DESCRIPTION OF MALICIOUS FAILURE TO FULFILL DUTIES OF CARE FOR A CHILD OR FOR A PERSON FOR WHOM GUARDIANSHIP OR CARE IS ASSIGNED

Abstract

In the article, the structures of the criminalistic characteristics of malicious failure to fulfill the duties of caring for a child or for a person for whom guardianship or guardianship have been established. It is noted that the criminalistic characterization of malicious failure to fulfill the duties of caring for a child or a person in respect of whom guardianship or guardianship has been established is an extremely important tool for its effective investigation. In this category of cases, in view of the disposition of the article of the Criminal Code of Ukraine, in our opinion, the most stable correlations arise between the following elements: «method of committing the crime» – «person of the victim» and «person of the criminal» – «method of committing the crime». In addition, other components of the researched scientific category can be determined by separate characteristic features and properties, which will allow building an extensive system of correlations. It is noted that the defined scientific category is dynamic. In other words, it can change depending on the specific conditions of reality, but its use can have different directions in the activities of law enforcement officers. For example, on the basis of the manner, place and time of its commission, a version can be put forward regarding the person of the criminal, and vice versa, when the offender is detained and in the case of data on the circumstances of the offense, a version can be built about the commission of other, not yet disclosed acts by this person. It has been found that there is no doubt about the necessity and existence of the identity of the criminal in the criminalistic characteristics of malicious failure to fulfill the duties of caring for a child or for a person for whom guardianship or guardianship has been established. Since the characteristics of the criminal's personality make it possible to put forward certain versions regarding the fact of the committed illegal act, as well as to carry out certain preventive measures. A system of elements of the criminalistic characteristics of the investigated illegal act has been formed, in particular, among them the following are distinguished: methods of direct commission and concealment of the illegal act; the circumstances of committing illegal acts; «trace picture»; identity of the victim; the person of the criminal.